SODE VISHNU NARAYANA Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Revision Case is filed by the petitioneraccused aggrieved by the impugned Judgment dtd. 23/6/2011 in Criminal Appeal No.207 of 2019 passed by the learned Special Sessions Judge for trial of cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act-cum-Additional Sessions Judge, Khammam, confirming the Judgment of Conviction and Sentence dtd. 29/11/2010 in Sessions Case No.564 of 2009 passed by the learned Principal Assistant Sessions Judge at Kothagudem. The offences alleged against the petitioner-accused are under Ss. 417 and 376 of the Indian Penal Code (for short 'IPC').

(2.) Heard Sri Pulla Rao Yellanki, learned counsel for petitioner and Smt.S.Madhavi, learned Assistant Public Prosecutor for the State. Perused the record.

(3.) In brief, the case of the prosecution is that the accused used to visit the house of the victim as he is friend of her brothers. The victim and the accused got acquainted with each other. On 25/11/2008 at about 08:00 PM., when the victim went to outskirts of the village for attending calls of nature, the accused followed her by concealing his movements and made her to fall on the ground and committed rape upon her by threatening with knife. Later, the accused promised to marry her. Thereafter, the accused had sexual intercourse with her several times. Due to which she became pregnant. On 26/1/2009 the accused married the victim at Kothagudem and got photographed the marriage. They led marital life at Kothaguem. The accused took Rs.40,000.00 from the victim for the purpose of business. Thereafter, he went away to Khammam and did not return. The victim went back to Madharam, where she met the accused. The accused refused to continue his marital life with the victim. For which, a report was filed before the Police.